After the legalization of marijuana in Canada, amendments were made to the Criminal Code to reflect the changing nature of impaired driving offences. While the amendments included both minor and significant changes to impaired driving laws, one area of significant change was the sentencing regime and impaired driving penalties.
The Criminal Code prohibits driving a motor vehicle while impaired by alcohol, drug, or a combination of the two. The amendments to the Criminal Code has also made it an offence to have a certain level of alcohol, cannabis or other scheduled drugs in the blood within two hours of driving. The minimum penalties for these offences vary depending on the circumstances of the offence, the offender’s level of impairment, and their prior record.
Impaired Driving Penalties
Charge:
- Alcohol-impaired driving
- Having a Blood Alcohol Concentration (BAC) at or over 80 mg per 100 ml of blood within 2 hours of driving
- Drug-impaired driving
- Having 5 ng or more of THC per ml of blood within 2 hours of driving
- Any detectable level of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, 6-mam within 2 hours of driving
- Having 5 mg or more of GHB per 1 litre of blood within 2 hours of driving
- Having a BAC of 50 mg per 100 ml of blood + 2.5 ng or more of THC per 1 ml of blood within 2 hours of driving
Penalty:
- 1st offence: Mandatory minimum fine $1000 (or up to $2,000 in the case of drive at or over 80); Maximum 10 years imprisonment
- 2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment
- 3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment
For first offenders, the minimum fines for driving while impaired by alcohol varies based on the following blood-alcohol concentrations:
- between 80 to 119 mg blood-alcohol concentration – $1,000
- between 120 to 159 mg blood-alcohol concentration – $1,500
- 160 mg or more blood-alcohol concentration – $2,000
Charge:
Penalty:
- 1st offence: Mandatory minimum $2000 fine
- 2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment
- 3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment
In the case of all the above noted charges, the offender will also be prohibited from driving:
- for a first offence, not less than one year and not more than three years, plus the entire period to which the offender is sentenced to imprisonment;
- for a second offence, not less than two years and not more than 10 years, plus the entire period to which the offender is sentenced to imprisonment; and,
- for each subsequent offence, not less than three years, plus the entire period to which the offender is sentenced to imprisonment.
Charge:
- Having over 2 ng but less than 5 ng of THC per ml of blood within 2 hours of driving
Penalty:
- Maximum $1000 fine
- The offender may be prohibited from driving up to a period of one year
Charge:
- Impaired driving causing bodily harm
Penalty:
- 1st offence: Mandatory minimum fine $1000
- 2nd offence: Mandatory minimum 30 days imprisonment
- 3rd offence: Mandatory minimum 120 days imprisonment
- Summary conviction: maximum 2 years imprisonment less a day
- Indictment: maximum 14 years imprisonment
- The offender may be prohibited from driving up to a period of three years.
Charge:
- Impaired driving causing death
Penalty:
- 1st offence: Mandatory minimum fine $1000
- 2nd offence: Mandatory minimum 30 days imprisonment
- 3rd offence: Mandatory minimum 120 days imprisonment
- Maximum life imprisonment
- The offender may be prohibited from driving up to a period of three years
When the court sentences an offender for an impaired driving offence, they will consider both aggravating and mitigating factors. Aggravating factors will increases the fine, or period of imprisonment. The Criminal Code requires the court imposing a sentence to consider the following aggravating factors:
- if the commission of the offence resulted in bodily harm to, or the death of, more than one person;
- if the offender was operating a motor vehicle in a race with at least one other motor vehicle or in a contest of speed, on a street, road or highway or in another public place;
- if a person under the age of 16 years was a passenger in the motor vehicle operated by the offender;
- if the offender was being remunerated for operating the motor vehicle;
- if the offender’s blood alcohol concentration at the time of committing the offence was equal to or exceeded 120 mg of alcohol in 100 ml of blood;
- if the offender was operating a large motor vehicle; and,
- if the offender was not permitted, under a federal or provincial Act, to operate the motor vehicle.
Avoiding Minimum Penalties and Driving Prohibition
With the consent of the Crown Attorney, the court may permit the offender to complete a substance abuse treatment program after being found guilty, but before sentencing. During this time the offender will be prohibited from driving. After successful completion of the substance abuse treatment program, the offender will be sentenced. During this sentence, the court is not required to impose the minimum penalties or driving prohibition.
Impaired Driving Penalties Under the Highway Traffic Act
Failing a drug screening test, physical coordination test or a drug recognition evaluation, will result in an immediate Tiered Administrative Licence Suspension. This suspensions ranges from 72 hours to 60 days, depending on how many previous suspensions you have received within a 10-year period. In addition, your Driver Safety Rating is reduced by five levels.
You will receive a three-month Administrative Licence Suspension if:
- your blood drug concentration is over 5 ng of THC
- your combined blood alcohol concentration is over .05 and your blood drug concentration is more than 2.5 ng of THC
- you refuse to provide a saliva, breath or blood sample to police
- you refuse to perform a physical coordination test or drug recognition evaluation, or refuse to follow a police officer’s instructions regarding either test
- you have any concentration of illegal drugs in your system
In addition, your Driver Safety Rating is reduced by five levels and you must pay a driver’s licence reinstatement charge and complete an impaired driver’s assessment. The vehicle involved in the incident will be impounded for 30 or 60 days depending on the offence committed and concentration of alcohol in the blood. The owner is reasonable for paying the impound fees before the vehicle is released. Impound rates are set by regulation. About $60 for the tow, and $15 for storage per day after the first day. Thus, a 30 day impound would cost approximately $495, while a 60 day impound would cost approximately $945.
If you are convicted of an impaired driving offence under the Criminal Code, your Driver Safety Rating will be reduced between five to 15 levels. For a first offender, their licence will also be suspended for a period of one year, or in the event the conviction is for refusing or failing to provide a breath, saliva, or blood sample, for a period of two years. For subsequent convictions, the period of suspension incrementally increases to a maximum life-time suspension. In some cases, your vehicle may be forfeited to the province.